Explained: Imane Khelif And The Issue Of Legal Recognition To Transgenders In India

A memorable boxing match at the Paris Olympics has raised awareness of the gender gap in sports. This year, the International Olympics Committee has approved 'two athletes whose sex is unclear' to compete in the women's boxing championships for the first time in history. In a contentious match between Imane Khelif of Algeria and Angela Carini of Italy, there has been discussion concerning Khelif's fairness as a born female with an XY chromosome, a condition known as hyperandrogenism in which the person has high testosterone levels, competing against a female.

After the match, Carini said it was "not fair" and in an interview afterwards she said she had "never been hit so hard before." Carini declared that she was pulling out of the Olympics after the contentious 46-second boxing match.

This begs the question of what makes India unique, how its acceptance of the 'third gender' in athletics and other domains settles conflicts, and why the west ought to follow its lead.

Transgender people in India are legally recognised as a third gender by the government. In the historic 2014 NALSA ruling, the Supreme Court notably upheld this status and ordered the government to treat transgender people as a separate group with particular rights and protections. These rights were further established in 2019 with the passage of the Transgender Persons (Protection of Rights) Act, which gives transgender people the freedom to identify as their gender and to use a range of social services, such as healthcare and education.

On the other hand, transgender rights have typically been addressed within a binary gender framework in Western nations, particularly those in Europe and North America. Even though nations like the UK and Canada have made great progress in recognising non-binary and gender non-conforming people, the legal systems frequently do not specifically recognise third gender status. Rather, transgender rights are usually addressed within the framework of gender identity, enabling people to self-identify as gender and alter their gender markers on official documents and in order to access services that are specific to their gender.

Legal Recognition And Controversies

Significant discussion and controversy have been generated by the inclusion of transgender athletes in sporting events, both in India and in Western nations. Indian sprinter Chand Dutee was in the news for having hyperandrogenism, a disorder marked by high testosterone levels. Athletes with this illness were previously restricted, but the International Association of Athletics Federations (IAAF) changed its regulations in 2023. Female athletes who exhibit hyperandrogenism are no longer constrained by testosterone levels and are striving for more equitable and inclusive competition.

Divides are more noticeable and widely reported in Western nations. In Western countries, controversies are more pronounced and publicized. One notable case is that of Lia Thomas, a transgender swimmer at the University of Pennsylvania. Thomas’s participation in women’s events has ignited debates about fairness, with some arguing that her physiological advantages from male puberty give her an edge over cisgender female swimmers. Similarly, the case of Caster Semenya, though not a transgender athlete but an intersex woman, also raised questions about the fairness of genetic advantages in women’s sports.

Implications for Gender Equity

Transgender Participation and Gender Equity

Traditional ideas of gender equity are challenged when transgender athletes participate in sports. Opponents contend that permitting transgender athletes to participate in women's sports could harm cisgender female athletes since they might not share the same physiological traits. This viewpoint is especially common in Western nations where prominent cases spark public discussion and receive a lot of media attention.

Advocates counter that it is discriminatory and goes against the inclusivity principle to bar transgender athletes from competitions because of their gender identity. They contend that policies should be created to strike a balance between the rights of transgender athletes and competitive fairness, and that sports should be about fair play and respect for all people.

Comparative Impact

The impact of allowing transgender athletes to participate in sports is exacerbated in India by larger problems with support and infrastructure. Theoretically, greater inclusion is made possible by the legal recognition of a third gender, but in practice, these systems are frequently deficient, including specialised training programmes and healthcare services. This restricts the ability of legal recognition to give transgender athletes legitimate opportunities.

Significant societal divisions are still highlighted by the debate over transgender participation in sports in Western countries, despite the presence of more developed support systems and well-defined policies. The conversation frequently touches on more general issues of gender identity, sports ethics, and justice, highlighting both progress and continuous obstacles to achieving equity.